[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38399-38401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18595]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-940]
Certain Tow-Behind Lawn Groomers and Certain Parts Thereof From
the People's Republic of China: Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(ITC), the Department is issuing a countervailing duty order on certain
tow-behind lawn groomers and certain parts thereof (lawn groomers) from
the People's Republic of China (PRC).
DATES: Effective Date: August 3, 2009.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Jun Jack Zhao, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3586 and (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on June 19, 2009, the Department published its final
determination in the countervailing duty investigation of lawn groomers
from the PRC. See Certain Tow-Behind Lawn Groomers and Certain Parts
Thereof From the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 74 FR 29180 (June 19, 2009).
On July 27, 2009, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured by reason of
subsidized imports of subject merchandise from the PRC. See Certain
Tow-Behind Lawn Groomers from China, USITC Pub. 4090, Investigation
Nos. 701-TA-457 and 731-TA-1153 (Final) (July 2009).
Scope of the Order
The scope of this order covers certain non-motorized tow behind
lawn groomers, manufactured from any material, and certain parts
thereof. Lawn groomers are defined as lawn sweepers, aerators,
dethatchers, and spreaders. Unless specifically excluded, lawn groomers
that are designed to perform at least one of the functions listed above
are included in the scope of this order, even if the lawn groomer is
designed to perform additional non-subject functions (e.g., mowing).
All lawn groomers are designed to incorporate a hitch, of any
configuration, which allows the product to be towed behind a vehicle.
Lawn groomers that are designed to incorporate both a hitch and a push
handle, of any type, are also covered by the scope of this order. The
hitch and handle may be permanently attached or removable, and they may
be attached on opposite sides or on the same side of the lawn groomer.
Lawn groomers designed to incorporate a hitch, but where the hitch is
not attached to the lawn groomer, are also included in the scope of the
order.
Lawn sweepers consist of a frame, as well as a series of brushes
attached to an axle or shaft which allows the brushing component to
rotate. Lawn sweepers also include a container (which is a receptacle
into which debris swept from the lawn or turf is deposited) supported
by the frame. Aerators consist of a frame, as well as
[[Page 38400]]
an aerating component that is attached to an axle or shaft which allows
the aerating component to rotate. The aerating component is made up of
a set of knives fixed to a plate (known as a ``plug aerator''), a
series of discs with protruding spikes (a ``spike aerator''), or any
other configuration, that are designed to create holes or cavities in a
lawn or turf surface. Dethatchers consist of a frame, as well as a
series of tines designed to remove material (e.g., dead grass or
leaves) or other debris from the lawn or turf. The dethatcher tines are
attached to and suspended from the frame. Lawn spreaders consist of a
frame, as well as a hopper (i.e., a container of any size, shape, or
material) that holds a media to be spread on the lawn or turf. The
media can be distributed by means of a rotating spreader plate that
broadcasts the media (broadcast spreader), a rotating agitator that
allows the media to be released at a consistent rate (drop spreader),
or any other configuration.
Lawn dethatchers with a net fully-assembled weight (i.e., without
packing, additional weights, or accessories) of 100 pounds or less are
covered by the scope of the order. Other lawn groomers--sweepers,
aerators, and spreaders--with a net fully-assembled weight (i.e.,
without packing, additional weights, or accessories) of 200 pounds or
less are covered by the scope of the order.
Also included in the scope of the order are modular units,
consisting of a chassis that is designed to incorporate a hitch, where
the hitch may or may not be included, which allows modules that perform
sweeping, aerating, dethatching, or spreading operations to be
interchanged. Modular units--when imported with one or more lawn
grooming modules--with a fully assembled net weight (i.e., without
packing, additional weights, or accessories) of 200 pounds or less when
including a single module, are included in the scope of the order.
Modular unit chassis, imported without a lawn grooming module and with
a fully assembled net weight (i.e., without packing, additional
weights, or accessories) of 125 pounds or less, are also covered by the
scope of the order. When imported separately, modules that are designed
to perform subject lawn grooming functions (i.e., sweeping, aerating,
dethatching, or spreading), with a fully assembled net weight (i.e.,
without packing, additional weights, or accessories) of 75 pounds or
less, and that are imported with or without a hitch, are also covered
by the scope.
Lawn groomers, assembled or unassembled, are covered by this order.
For purposes of this order, ``unassembled lawn groomers'' consist of
either (1) all parts necessary to make a fully assembled lawn groomer,
or (2) any combination of parts, constituting a less than complete,
unassembled lawn groomer, with a minimum of two of the following
``major components'':
(1) An assembled or unassembled brush housing designed to be used
in a lawn sweeper, where a brush housing is defined as a component
housing the brush assembly, and consisting of a wrapper which covers
the brush assembly and two end plates attached to the wrapper;
(2) A sweeper brush;
(3) An aerator or dethatcher weight tray, or similar component
designed to allow weights of any sort to be added to the unit;
(4) A spreader hopper;
(5) A rotating spreader plate or agitator, or other component
designed for distributing media in a lawn spreader;
(6) Dethatcher tines;
(7) Aerator spikes, plugs, or other aerating component; or
(8) A hitch, defined as a complete hitch assembly comprising of at
least the following two major hitch components, tubing and a hitch
plate regardless of the absence of minor components such as pin or
fasteners. Individual hitch component parts, such as tubing, hitch
plates, pins or fasteners are not covered by the scope.
The major components or parts of lawn groomers that are
individually covered by this order under the term ``certain parts
thereof'' are: (1) Brush housings, where the wrapper and end plates
incorporating the brush assembly may be individual pieces or a single
piece; and (2) weight trays, or similar components designed to allow
weights of any sort to be added to a dethatcher or an aerator unit.
The scope of this order specifically excludes the following: (1)
Agricultural implements designed to work (e.g., churn, burrow, till,
etc.) soil, such as cultivators, harrows, and plows; (2) lawn or farm
carts and wagons that do not groom lawns; (3) grooming products
incorporating a motor or an engine for the purpose of operating and/or
propelling the lawn groomer; (4) lawn groomers that are designed to be
hand held or are designed to be attached directly to the frame of a
vehicle, rather than towed; (5) ``push'' lawn grooming products that
incorporate a push handle rather than a hitch, and which are designed
solely to be manually operated; (6) dethatchers with a net assembled
weight (i.e., without packing, additional weights, or accessories) of
more than 100 pounds, or lawn groomers--sweepers, aerators, and
spreaders--with a net fully-assembled weight (i.e., without packing,
additional weights, or accessories) of more than 200 pounds; and (7)
lawn rollers designed to flatten grass and turf, including lawn rollers
which incorporate an aerator component (e.g., ``drum-style'' spike
aerators).
The lawn groomers that are the subject of this order are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting numbers 8432.40.0000, 8432.80.0000,
8432.80.0010, 8432.90.0030, 8432.90.0080, 8479.89.9896, 8479.89.9897,
8479.90.9496, and 9603.50.0000. These HTSUS provisions are given for
reference and customs purposes only, and the description of merchandise
is dispositive for determining the scope of the product included in
this order.
Countervailing Duty Order
On July 27, 2009, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured as a result of
subsidized imports of lawn groomers from the PRC. As a result of the
ITC's final determination, in accordance with section 706(a) of the
Act, the Department will direct U.S. Customs and Border Protection
(CBP) to assess, upon further instruction by the Department,
countervailing duties on all unliquidated entries of lawn groomers from
the PRC entered, or withdrawn from warehouse, for consumption on or
after November 24, 2008, the date on which the Department published its
preliminary affirmative countervailing duty determination in the
Federal Register, and before March 24, 2009, the date on which the
Department instructed CBP to discontinue the suspension of liquidation
in accordance with section 703(d) of the Act. See Certain Tow-Behind
Lawn Groomers and Certain Parts Thereof From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination, 73 FR 70971 (November 24, 2008).
Section 703(d) of the Act states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Entries of lawn groomers made on or after March
24, 2009, and prior to the date of publication of the ITC's final
determination in the Federal Register, are not liable for the
assessment of
[[Page 38401]]
countervailing duties, due to the Department's discontinuation,
effective March 24, 2009, of the suspension of liquidation.
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation for lawn
groomers from the PRC, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further advice by the Department pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise, except for subject merchandise entered by
Princeway Furniture (Dong Guan) Co., Ltd. and Princeway Limited, whose
net subsidy rate is de minimis and, hence, is excluded from this order.
This exclusion will apply only to subject merchandise both produced and
exported by Princeway Furniture (Dong Guan) Co., Ltd. and Princeway
Limited. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require,\1\ at the same
time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the rates noted below:
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\1\ With the exception of Princeway Furniture (Dong Guan) Co.,
and Princeway Limited whose net subsidy was de minimis, and, hence,
is excluded from this order. This exclusion will apply only to
subject merchandise both produced and exported by Princeway
Furniture (Dong Guan) Co., Ltd. and Princeway Limited.
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Net subsidy
Exporter/manufacturer rate
(percent)
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Princeway Furniture (Dong Guan) Co., Ltd. and Princeway \a\0.56
Limited\a\...............................................
Jiashan Superpower Tools Co., Ltd......................... 13.30
Maxchief Investments Ltd.................................. 264.98
Qingdao EA Huabang Instrument Co., Ltd.................... 264.98
Qingdao Hundai Tools Co., Ltd............................. 264.98
Qingdao Taifa Group Co., Ltd.............................. 264.98
World Factory, Inc........................................ 264.98
All Others................................................ 13.30
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\a\ De minimis.
This notice constitutes the countervailing duty order with respect
to lawn groomers from the PRC pursuant to section 706(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 1117 of the main Commerce building, for copies of an updated list
of countervailing duty orders currently in effect.
This countervailing duty order is issued and published in
accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act,
and 19 CFR 351.211.
Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-18595 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DS-P